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Terms and Conditions

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TERMS AND CONDITIONS OF BUSINESS BETWEEN FORJAY MEDIA SERVICES AND ITS CUSTOMERS   The following terms and conditions shall apply to any and all business conducted between Forjay Media Services and its customers or clients.   DEFINITION OF TERMS USED IN THIS DOCUMENT In the context of this document, the following terms apply   'The Company' means us, Forjay Media Services. Services (in lower case) shall mean any services such as web hosting, email, design and coding, support or other services provided by the company. Server means the computer server equipment operated by us or by our contractors for the purpose of storing and delivering web pages or the storage and delivery of emails. Website means an area on the server allocated by us for use as a site on the Internet. Web resource means services provided by a third party supplier used as part of our service   Loss due to server down time With regard to availability of hosted web sites on the internet, the company and its partners strive to maintain a high level of service but do not guarantee that a particular web site will be available via the internet for any given proportion of time. The company is not liable for any loss of business or other consequential loss resulting from web server down time or other situation preventing a web site from being available on the Internet.   Limit OF WEB space and bandwidth Unless specifically stated to the contrary, the following limits apply on the company's standard service plan: Web space size: 50MB. Web space use above this level is charged at £20 per year per 10MB or part thereof. Bandwidth usage per month: 100MB. Bandwidth usage above this limit is charged at £15 per month per Gigabyte or part thereof. In no event will the company be liable for any loss, damage or corruption to any data stored on the server. You are responsible for maintaining backups and insurance cover in respect of any loss or damage to data stored by yourself or on your behalf on the server. Whilst we shall try to ensure the integrity and security of the server, we do not guarantee that the server will be free from un-authorised users or hackers. You warrant to us that you will only use your assigned web site for lawful purposes. In particular, you further warrant and undertake to us that you will not, nor will you authorize or permit any other party to, use the server in violation of any law or regulation.   EMAIL SERVICES Email service is limited, in the standard service plan, to diversion of email sent to your website, to another email address or fax machine. We do not provide an email storage facility.   Failure of services  The company does not accept any responsibility for loss of any kind resulting from any failure of the email services provided. You are responsible for sending mail in accordance with any relevant legislation (including Data Protection legislation) and for sending the same in a secure manner. We will take all reasonable steps to ensure accurate and prompt routing of messages but we will not accept any liability for non-receipt or misquoting or any other failure of e-mail. You agree to keep secure any identification, password and other confidential information relating to your account and you will notify us immediately of any known or suspected unauthorized disclosure. Whilst we shall try to ensure the integrity and security of the server, we do not guarantee that the server will be free from un-authorised users or hackers.   Transmission of viruses The company does not accept any responsibility for loss of any kind caused by the transmission of software viruses or worms transmitted via the email services provided. It is the responsibility of the user to maintain anti-virus software. Inappropriate content. The company does not accept any responsibility for the nature of any incoming or outgoing email using the email facilities supplied to its customers. We specifically exclude any warranty as to the accuracy or quality of information received by any person via the server and in no event will the company be liable for any loss or damage to any data stored on the server. You are responsible for maintaining insurance cover in respect of any loss or damage to any data stored on the server   CONTENT You will not knowingly or recklessly post, link to or transmit: Any material that is unlawful, threatening, harmful, malicious, libellous, defamatory, obscene, pornographic, profane or otherwise objectionable in any way. Any material which will constitute or encourage criminal offence, gives rise to civil liberty or that violates or infringes any trademark, copyright, other intellectual property or similar rights of any person, firm or company under the laws of any jurisdiction   DOMAIN NAMES REGISTERED BY THE COMPANY We do not guarantee that any domain name applied for will be registered in your name and therefore you should not undertake to employ any requested name until you have been notified that your requested domain name has been registered. The registration of a Domain Name and its ongoing use is subject to the terms and conditions applied by the relevant naming authorities and you are responsible for ensuring that you are aware of these terms and conditions and that you can and will comply with them. You waive any claims against the company in respect of any decision by the relevant naming authorities to refuse to register a domain name. We accept no responsibility or liability in respect of any dispute with a third party involving the use of a domain name. We reserve the right, on becoming aware of such a dispute, at our discretion and without giving any reason, to either suspend or cancel the domain name and remove any web site displayed under this domain name. Domain renewal invoices will be rendered by the company in advance of the renewal date. Renewal of domain registrations by the company is dependent upon the renewal invoice(s) having been paid by the client on or before the due date. Domains registered or transferred by the company may display content advertising the company until your content is ready for display or until the company is asked to withdraw such material. A request for such withdrawal will be acted upon in a timely manner.   INTELLECTUAL PROPERTY All code and graphics created by the company remains the property of the company unless specifically released in writing. You are responsible for obtaining all necessary intellectual rights and authorities for all content (text, graphics, and photographs) supplied by yourself to the company for inclusion in the web site or other promotional or printed material.   THIRD PARTY WEB RESOURCES The company will make all reasonable efforts to publicise your website, using where necessary any appropriate third party software or web resource. The terms and conditions governing the use of such resources shall be deemed part of this agreement by all parties. You will authorise the company to place advertisements and/or hyperlinks on your website if required by a third party supplier. The company will at your request, arrange additional resources on your behalf. You will pay the company, the full cost of any fees charged by a third party plus a five percent arrangement fee unless specifically stated to the contrary. You may ask the company to refrain from using advertising-supported services. If you choose to do this, you will take full responsibility for publicising your website.   SUPPORT SERVICES The company makes every effort to ensure that support and advice given to its clients is accurate and appropriate. However, any advise, suggestion or recommendation offered by the company, whether as part of a service / support contract or given free of charge, cannot be guaranteed as accurate or appropriate. The company does not take responsibility for the consequences or any action taken or not taken as result of such advice.   SEARCH ENGINE PLACEMENTS The company guarantees to make search engine and site directory submissions as contracted, but cannot guarantee that a given search engine or site directory will list or continue to list the site(s) submitted.   PAYMENT All charges payable by you to the company for hosting services, domain registrations, domain renewals and other services which are not the subject of specific negotiation shall be in accordance with the relevant scale of charges and rates published on our website. All payments shall be made no later than 7 days after receipt of our invoice. Where payment is not made within this period we reserve the right to suspend our services to you.   WITHDRAWAL OF SERVICES The company will make every effort to ensure the continuity of all the services that it provides, but will not be held liable for the discontinuation of services by its suppliers. In the event of the discontinuation of hosting and email services, the Company accepts no responsibility for financial or other consequential loss.   TERMINATION We may terminate any agreement we may have with you forthwith if you fail to pay any sums due to us as they fall due. We may terminate any agreement we may have with you upon written notice if you breach any of these terms and conditions and you fail to correct the breach within 30 days following written notice from us specifying the breach. We may terminate any agreement we may have with you if you are a company and go into insolvent liquidation, or if you are a person who is declared bankrupt. On termination of any agreement we may have with you we shall be entitled immediately to block Internet and other access to your website and remove any data from the server as we see fit. We will hold your data for one calendar month and allow you to collect it at your expense, failing which we shall be entitled to delete all such data. On termination of agreements between us, we shall be entitled to post such notice in respect of the non-availability of your website as we see fit.   LIMITATION OF LIABILITY Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.   INDEMNITY You agree to indemnify and keep indemnified and hold us on demand harmless from and against any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the server, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms of business.   NOTICES Any notice given by the company may be sent by either postal letter, e-mail, fax to an address that you have supplied and which we have reason to believe to be correct and valid at the time of sending.     LAW These terms and conditions shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.